Delhi High Court
Oriental Insurance Co Ltd vs Seema And Ors on 25 July, 2016
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 25th July, 2016
+ MAC.APP. 896/2013
5 ORIENTAL INSURANCE CO LTD ..... Appellant
Through: Pankaj Seth, Adv.
versus
SEEMA AND ORS ..... Respondents
Through: Mr. Sanjeev Srivastava, Adv. for R1
to R5.
+ MAC.APP. 187/2014
6 SMT SEEMA & ORS ..... Appellants
Through: Mr. Sanjeev Srivastava, Adv.
versus
ANIL RATHORE & ORS ..... Respondents
Through: Mr. Pankaj Seth, Adv.
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
JUDGMENT (ORAL)
1. On 23rd July, 2009, Babban Singh was travelling in an auto bearing
No. DL-1LJ-1148 which over-turned. Babban Singh suffered grievous
injuries which resulted to his death on 06th August, 2009.
2. The deceased was survived by his widow, three minor children and
mother who filed the claim petition before the Claims Tribunal. The
deceased was aged about 28 years and was working as a vegetable vendor at
the time of death. It was claimed that deceased was earning Rs.10,000/- per
month. However, in the absence of any documentary evidence of income,
the Claims Tribunal took minimum wages of Rs.3,934/-, added 30%
towards the inflation, deducted 1/4th towards his personal expenses and
applied the multiplier 16 to compute the lost of dependency of Rs.7,36,448.
The Claims Tribunal awarded Rs.1,00,000/- towards love and affection, Rs.
1,00,000/- towards loss of consortium Rs.10,000/- towards loss of estate and
Rs.25,000/- towards funeral expenses. Total compensation awarded is
Rs.9,71,448/- along with interest @ 9% per annum.
3. The Claimants seek enhancement of the compensation on the
following grounds:-
(i) Minimum wages on the date of the death be taken as Rs.3,953/-
instead of Rs.3,934/-.
(ii) Multiplier at the age of 28 is 17 instead of 16.
4. The Insurance Company has challenged the award on the ground that
the 30% towards the inflation on minimum wages should not be taken and
the penal interest of 12% per annum should not be imposed for 90 days
prescribed for filing the appeal.
5. Learned counsel for the claimants has handed over the Schedule of
Minimum Wages according to which the Minimum Wages on the date of
death i.e. 06th August, 2009 were Rs.3,953/-. The Claimants are entitled to
computation of compensation according to the minimum wages of
Rs.3,953/- instead of Rs.3,934/-.
6. The Claims Tribunal has applied multiplier of 16 whereas appropriate
multiplier at the age of 28 is 17. The multiplier is, therefore, enhanced from
16 to 17.
7. Taking the minimum wages of Rs.3,953/-, adding 30% towards
inflation, deducting 1/4th towards his personal expenses and applying
multiplier of 17, adding Rs.1,00,000/- towards love and affection,
Rs.1,00,000/- towards loss of consortium, Rs.10,000/- towards loss of estate
and Rs.25,000/- towards the funeral expenses, the claimants are entitled to
compensation of Rs.10,21,252/- along with interest @ 9%. Since the appeal
was pending before this Court, the penal interest is set aside.
8. MAC.APP.187/2014 is allowed and the award is enhanced from
Rs.9,71,448/- to Rs.10,21,252/- along with interest @ 9% per annum from
date of institution upto the date of deposit.
9. MAC.APP.896/2013 is partially allowed by setting aside the penal
interest @ 12% per annum.
10. The Insurance Company has deposited the amount awarded by the
Claims Tribunal with the Registrar General of this court in terms of the
order dated 04th October, 2013 out of which 80% amount has been released
to the claimant and the balance amount is lying in the fixed deposit.
11. The Insurance Company is directed to deposit the enhanced amount
with UCO Bank, Delhi High Court Branch within a period of four weeks
from today.
12. The Insurance Company shall file the affidavit of compliance of this
order within one week of the deposit. The affidavit shall contain the
computation of the interest on the award amount upto the date of deposit.
The Insurance Company shall send the copy of the affidavit to the
respondents.
13. After deposit of the enhanced amount, the statutory amount of
Rs.25,000/- be refunded back to the Insurance Company.
14. With respect to the award amount lying deposited in FDR with UCO
Bank, Delhi High Court Branch, Registrar General is directed to instruct
UCO Bank, Delhi High Court Branch to issue fresh FDRs in the name of
Seema for Rs.2,00,000/- in the following manner:-
(i) FDR for Rs.50,000/- for a period of one year.
(ii) FDR for Rs.50,000/- for a period of two years.
(iii) FDR for Rs.50,000/- for a period of three years.
(iv) FDR for Rs.50,000/- for a period of four years.
15. All the original FDRs shall be retained by UCO, Delhi High Court
Branch. However, the photocopies of the same shall be provided to the
appellant as well as to claimant Seema.
16. Interest on all the fixed deposit shall be paid monthly to the
beneficiary by transferring the interest amount to her individual saving bank
account.
17. No loan or advance or pre-mature discharge shall be permitted
without the permission of this Court.
18. Upon receipt of the enhanced award amount by the Insurance
Company, UCO Bank, Delhi High Court Branch shall keep the same in
fixed deposit in the name of three minor children namely Hritik, Aradhana
Kumari and Sunny in equal shares with cumulative interest till they attain
age of majority.
19. The Claimants shall approach the UCO Bank, Delhi High Court
Branch for completing the formalities for the disbursement of the award
amount in terms of this order.
20. Copy of this judgment be given dasti to learned counsels for the
parties under signature of Court Master.
21. Copy of this judgment be also sent to the UCO Bank, Delhi High
Court Branch for compliance.
J.R. MIDHA, J.
JULY 25, 2016/ak
